MI AG: Senate Package Strengthens Vulnerable Adult Protections
October 17, 2024
Nik Rajkovic / news@whmi.com
Michigan Attorney General Dana Nessel is praising the Michigan Senate for passing Senate Bills 922-925 Wednesday.
This legislative package, championed by the Attorney General and the Department’s Elder Abuse Task Force, enhances protections for vulnerable adults by increasing penalties for abuse and financial exploitation, while also advancing programs aimed at bolstering prevention efforts.
“This legislative package is a critical step toward protecting the rights and well-being of our State’s vulnerable adults,” Nessel said.
“By addressing longstanding issues that have caused immense hardship to countless elders and their families, this package restores basic dignity to those most in need. I commend the Senate for passing this important legislation and remain committed to seeing the long-awaited reforms recommended by our Elder Abuse Task Force sent to the Governor’s desk.”
The legislative package aims to:
• Allow an individual who is 60 years or older, is a vulnerable adult, or has a developmental disability to petition the court to obtain an elder and vulnerable adult personal protection order;
• Include embezzlement of a vulnerable adult as a predicate offense for racketeering, allowing the Department of Attorney General and prosecutors across the State to pursue recovery of property under a 10-year statute of limitations (from the current six-year statute of limitations);
• Extend legal protections beyond a vulnerable adult’s death, ensuring that offenders whose schemes continue after the victim’s death face the same penalties as if the exploitation had occurred while the vulnerable adult was alive; and
• Allow each county or region to create a vulnerable adult multidisciplinary team to take a holistic approach to preventing, intervening, investigating, and prosecuting abuse, neglect, and financial exploitation of older and vulnerable adults.
Michigan's Elder Abuse Task Force launched in 2019 and consists of more than 55 different organizations in the public, private, and nonprofit sections - all working together to combat elder abuse. The more than 100 individuals on the Task Force are divided into seven committees working diligently to accomplish nine initiatives, including requiring certification and training for professional guardians.
Achievements include the following:
• The adoption of a Vulnerable Adult Incident Report form for investigation by law enforcement across the state, including the implementation of related trainings;
• The Financial Exploitation Prevention Act (FEPA): FEPA was signed into law in 2021 to ensure mandated reporting for financial institutions on suspected fraud or exploitation;
• A complete re-write of the Power of Attorney statute; and
• A statute to make Securities Broker/Dealers and Financial Advisors mandatory reporters of suspected financial exploitation of vulnerable adults.
Earlier this year, the Department testified in support of House Bills 4909, 4910, 4911, and 4912, a bill package aimed at reforming Michigan’s guardianship statutes. The Department also supports Senate Bill 656, which would restrict the type of investments a conservator can make with estate property.
More than 100,000 older adults in Michigan are victims of elder abuse. They experience abuse, neglect, and exploitation. Michigan residents seeking elder abuse resources are encouraged to call 800-24-ABUSE (22873), or 855-444-3911 to report suspected elder abuse.